Expert Q&A: No fault divorce
1. What is a no-fault divorce?
No-fault divorce is an update to matrimonial law that enables spouses to separate without needing to provide grounds other than an irretrievable breakdown of the marriage. It’s an attempt to modernise divorce laws to reduce conflict and better suit the needs of modern relationships.
2. When will the law be changed?
No-fault divorce will be introduced on April 6, 2022.
3. What are the main differences to traditional matrimonial law?
Previously, there have been five grounds for divorce:
- Adultery
- Desertion
- Separation for two years with consent
- Separation for five years without consent
- Unreasonable behaviour – such as substance abuse or violence
The person filing for divorce must prove their spouse has committed one of the above. If not, the divorce may not be granted.
No-fault divorce, however, will now enable couples to apply for divorce, claiming irretrievable breakdown of the marriage, without needing to provide further detail. Spouses also can no longer contest an application for divorce.
As couples can now also jointly apply for a no-fault divorce, solicitors can advise both spouses simultaneously on matters like childcare and finances, saving time, money and stress.
4. Why is this being introduced?
The 2018 Owens vs. Owens divorce case showed the need for government to review matrimonial laws. When petitioning for divorce in 2015, Mrs Owens was denied, due to the court being unconvinced by her evidence of Mr Owen’s unreasonable behaviour. Despite appealing the decision, the case was dismissed, and Mrs Owens had to wait five years for her divorce to go through.
It showed how the legal process only encourages acrimony and could trap spouses within loveless marriages if the grounds for divorce are originally unaccepted.
It makes sense to update divorce laws to reflect the times we live in with women today possessing social and financial independence and men sharing equal responsibility for childcare. Divorce doesn’t pose the same challenges as 50 years ago.
5. How can you apply?
You can apply for no-fault divorce independently, or submit a joint application. You must be married for a year before applying.
6. What are the benefits?
It will streamline the divorce process, reduce conflict and enable couples to move through their divorce more amicably. Spouses can jointly apply for no-fault divorce, so we can offer advice to both parties, as long as they are prepared to receive open advice, which may be either advantageous or detrimental to them. It may also help save time, money and stress.
As couples will no longer need to provide grounds for divorce, besides the breakdown of the marriage, they can focus on the more important issues such as agreeing on childcare and dividing their assets.
7. How long will the process take?
Altogether, the no-fault divorce process will take around six months to complete. After submitting your application, your spouse will have 14 days to acknowledge it. You’ll then wait 20 weeks for the decree nisi (conditional order) to be granted. Each spouse will then have a six-week cooling-off period before being awarded a final order. This is the legal document to confirm your marriage has officially ended.
8. How much will this cost?
Seeking legal advice can help you make an informed decision, understand your options and reach a place where you can begin looking towards the future. Our fee structure can be found on our website.
9. Should you seek legal advice before getting a divorce?
Absolutely. Getting divorced is an emotional time, even if the split is amicable. Having someone to provide guidance and remain objective can be a much-needed source of support. Even if you’re only considering divorce and are not yet ready to make a final decision, by understanding what lies ahead, you can realise what’s best for you and your family.
10. How can we help those applying for no-fault divorce?
Our team specialise in family law and can provide effective, bespoke legal advice to help you make an informed decision. Our array of legal expertise allows us to practically and sensitively deal with any issues that may arise from the breakdown of a relationship, including resolving financial, childcare and cohabitation disputes.
We’ve helped many divorced couples reach a point where they are both ready to take their next individual steps and begin focusing on the future.
Visit our website for more information and to contact the team.